Cytech Hardwoods, Inc., Amsterdam, NY; Notice of Negative Determination on Reconsideration, 33486-33487 [E6-9009]
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33486
Federal Register / Vol. 71, No. 111 / Friday, June 9, 2006 / Notices
Building, Suite 1600, 601 D Street, NW.,
Washington, DC 20530.
Dated: June 5, 2006.
Lynn Bryant,
Department Deputy Clearance Officer,
Department of Justice.
[FR Doc. E6–8972 Filed 6–8–06; 8:45 am]
BILLING CODE 4410–FY–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–58,762]
jlentini on PROD1PC65 with NOTICES
Agilent Technologies, Inc.; Global
Financial Services Division; Colorado
Springs, CO; Notice of Revised
Determination on Reconsideration
By application dated March 21, 2006,
a petitioner requested administrative
reconsideration of the Department’s
negative determination regarding
eligibility for workers and former
workers of the subject firm to apply for
Trade Adjustment Assistance (TAA) and
Alternative Trade Adjustment
Assistance (ATAA). The negative
determination applicable to workers of
Agilent Technologies, Inc., Global
Financial Services Division, Colorado
Springs, Colorado was signed on
February 16, 2006. The Department’s
Notice of determination was published
in the Federal Register on March 10,
2006 (71 FR 12397). The subject workers
provide accounting and financial
services.
The Department’s determination was
issued on the findings that the workers
do not produce an article and do not
directly support production which took
place at the subject facility.
In the request for reconsideration, the
petitioner asserts that the subject
workers support production in three
divisions of Agilent Technologies, Inc.
(subject firm): Test and Measurement,
Life Sciences, and Semi-Conductor Test
Solutions. Supplemental information
reveals that a significant portion of
subject firm operations is related to the
Test and Measurement Group.
On September 30, 2005, the subject
facility was certified for TAA and
ATAA (Agilent Technologies, Inc.,
Electronic Measurement Group,
Colorado Springs, Colorado (TA–W–
57,742G).
In previously-submitted material, a
subject firm official stated that the
subject workers did not support the
production of a specific article, but
provided administrative support for the
entire subject firm, including affiliated
facilities producing electronic test
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equipment. The material also indicated
that a significant portion of the subject
worker group was separated or
threatened with separation during the
relevant period.
Because the Department does not
discern any significant differences
between the workers covered in TA–W–
57,742G and the subject worker group,
the Department determines that, during
the relevant period, the subject workers
are engaged in activity supporting
production, that the facilities they
support shifted production abroad, and
that there are likely import increases of
articles like or directly competitive with
those produced by the subject firm
(electronic testing equipment).
In accordance with Section 246 the
Trade Act of 1974, as amended, the
Department herein presents the results
of its investigation regarding
certification of eligibility to apply for
ATAA for older workers. In order for the
Department to issue a certification of
eligibility to apply for ATAA, the group
eligibility requirements of Section 246
of the Trade Act, as amended, must be
met.
The Department has determined in
this case that the requirements of
Section 246 have been met.
A significant number of workers at the
firm are age 50 or over and possess
skills that are not easily transferable.
Competitive conditions within the
industry are adverse.
Conclusion
After careful review of the
information obtained in the
reconsideration investigation, I
determine that a shift of production
abroad followed by increased imports of
electronic measurement equipment like
or directly competitive with those
produced by the firm contributed
importantly to separations at the subject
facility. In accordance with the
provisions of the Act, I make the
following certification:
‘‘All workers of Agilent Technologies, Inc.,
Global Financial Services Division, Colorado
Springs, Colorado, who became totally or
partially separated from employment on or
after January 31, 2005, through two years
from the date of this certification, are eligible
to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are
eligible to apply for alternative trade
adjustment assistance under Section 246 of
the Trade Act of 1974.’’
Signed in Washington, DC, this 31st day of
May 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E6–9011 Filed 6–8–06; 8:45 am]
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DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–58,540]
Cytech Hardwoods, Inc., Amsterdam,
NY; Notice of Negative Determination
on Reconsideration
On March 17, 2006, the Department
issued an Affirmative Determination
Regarding Application for
Reconsideration for the workers and
former workers of the subject firm. The
Department’s Notice of determination
was published in the Federal Register
on March 29, 2006 (71 FR 15766).
Workers produce hardwood lumber and
hardwood flooring and are not
separately identifiable by product line.
The initial negative determination
was issued because the ‘‘contributed
importantly’’ group eligibility
requirement of Section 222 of the Trade
Act of 1974, as amended, was not met.
The investigation revealed that the
subject firm did not shift production
abroad and neither the subject firm nor
any of the major declining customers
increased their imports of hardwood
lumber during the relevant period. The
subject firm ceased production in
December 2005.
In the request for reconsideration, the
company official stated that the subject
firm’s customers are ‘‘importing
finished goods * * *. therefore, they no
longer purchase domestic lumber to
support finished goods.’’
Since the initial investigation did not
address the issue of hardwood flooring
imports, the Department issued an
Affirmative Determination Regarding
Application for Reconsideration for the
workers and former workers of the
subject firm.
In order to establish import impact,
the Department must consider imports
that are like or directly competitive with
those produced at the subject firm. As
such, the Department conducted
another survey of the customers of their
purchases of hardwood lumber and
hardwood flooring. The expanded
survey revealed no imports of either
product during the relevant period.
Based on the company official’s
allegation in the request for
reconsideration, the Department
investigated whether the workers of the
subject firm are eligible for Trade
Adjustment Assistance (TAA) based on
the secondary upstream supplier
impact. For certification on the basis of
the workers’ firm being an upstream
supplier, the subject firm must have
customers that are TAA certified, and
these TAA certified customers must
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Federal Register / Vol. 71, No. 111 / Friday, June 9, 2006 / Notices
represent a significant portion of subject
firm’s business. In addition, the subject
firm would have to produce a
component part of the product that was
the basis for the customers’ certification.
A search of the TAA database
revealed that, for the relevant period,
none of the subject firm’s major
declining customers are TAA certified.
As such, the subject worker group is not
eligible for TAA under secondary
impact.
In order for the Department to issue
a certification of eligibility to apply for
Alternative Trade Adjustment
Assistance (ATAA), the worker group
must be certified eligible to apply for
TAA. Since the workers are denied
eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After reconsideration, I affirm the
original notice of negative
determination of eligibility to apply for
worker adjustment assistance and
alternative trade adjustment assistance
for workers and former workers of
CyTech Hardwood, Inc., Amsterdam,
New York.
Signed at Washington, DC, this 31st day of
May 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance Assistance.
[FR Doc. E6–9009 Filed 6–8–06; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–59,111]
jlentini on PROD1PC65 with NOTICES
Eastman Kodak Company; United
States and Canada Finance
Department; Rochester, NY; Dismissal
of Application for Reconsideration
Pursuant to 29 CFR 90.18(C) an
application for administrative
reconsideration was filed with the
Director of the Division of Trade
Adjustment Assistance for workers at
Eastman Kodak Company, United States
and Canada Finance Department,
Rochester, New York. The application
did not contain new information
supporting a conclusion that the
determination was erroneous, and also
did not provide a justification for
reconsideration of the determination
that was based on either mistaken facts
or a misinterpretation of facts or of the
law. Therefore, dismissal of the
application was issued.
TA–W–59,111; Eastman Kodak
Company United States and Canada
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Finance Department Rochester,
New York (May 31, 2006)
Signed at Washington, DC, this 1st day of
June 2006.
Erica R. Cantor,
Director, Division of Trade Adjustment
Assistance.
[FR Doc. E6–9019 Filed 6–8–06; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Notice of Determinations Regarding
Eligibility To Apply for Worker
Adjustment Assistance
In accordance with section 223 of the
Trade Act of 1974, as amended, (19
U.S.C. 2273), the Department of Labor
herein presents summaries of
determinations regarding eligibility to
apply for trade adjustment assistance for
workers (TA–W) number and alternative
trade adjustment assistance (ATAA) by
(TA–W) number issued during the
periods of May 2006.
In order for an affirmative
determination to be made and a
certification of eligibility to apply for
directly-impacted (primary) worker
adjustment assistance to be issued, each
of the group eligibility requirements of
section 222(a) of the Act must be met.
I. Section (a)(2)(A) all of the following
must be satisfied:
A. A significant number or proportion
of the workers in such workers’ firm, or
an appropriate subdivision of the firm,
have become totally or partially
separated, or are threatened to become
totally or partially separated;
B. The sales or production, or both, of
such firm or subdivision have decreased
absolutely; and
C. Increased imports of articles like or
directly competitive with articles
produced by such firm or subdivision
have contributed importantly to such
workers’ separation or threat of
separation and to the decline in sales or
production of such firm or subdivision;
or
II. Section (a)(2)(B) both of the
following must be satisfied:
A. A significant number or proportion
of the workers in such workers’ firm, or
an appropriate subdivision of the firm,
have become totally or partially
separated, or are threatened to become
totally or partially separated;
B. There has been a shift in
production by such workers’ firm or
subdivision to a foreign county of
articles like or directly competitive with
articles which are produced by such
firm or subdivision; and
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33487
C. One of the following must be
satisfied:
1. The country to which the workers’
firm has shifted production of the
articles is a party to a free trade
agreement with the United States;
2. The country to which the workers’
firm has shifted production of the
articles to a beneficiary country under
the Andean Trade Preference Act,
African Growth and Opportunity Act, or
the Caribbean Basin Economic Recovery
Act; or
3. There has been or is likely to be an
increase in imports of articles that are
like or directly competitive with articles
which are or were produced by such
firm or subdivision.
Also, in order for an affirmative
determination to be made and a
certification of eligibility to apply for
worker adjustment assistance as an
adversely affected secondary group to be
issued, each of the group eligibility
requirements of section 222(b) of the
Act must be met.
(1) Significant number or proportion
of the workers in the workers’ firm or
an appropriate subdivision of the firm
have become totally or partially
separated, or are threatened to become
totally or partially separated;
(2) The workers’ firm (or subdivision)
is a supplier or downstream producer to
a firm (or subdivision) that employed a
group of workers who received a
certification of eligibility to apply for
trade adjustment assistance benefits and
such supply or production is related to
the article that was the basis for such
certification; and
(3) Either—
(A) The workers’ firm is a supplier
and the component parts it supplied for
the firm (or subdivision) described in
paragraph (2) accounted for at least 20
percent of the production or sales of the
workers’ firm; or
(B) A loss of business by the workers’
firm with the firm (or subdivision)
described in paragraph (2) contributed
importantly to the workers’ separation
or threat of separation.
Affirmative Determinations for Worker
Adjustment Assistance and Alternative
Trade Adjustment Assistance
The following certifications have been
issued; the date following the company
name and location of each
determination references the impact
date for all workers of such
determination.
The following certifications have been
issued. The requirements of (a)(2)(A)
(increased imports) of section 222 have
been met, and section 246(a)(3)(A)(ii) of
the Trade Act have been met.
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]]>Agencies
[Federal Register Volume 71, Number 111 (Friday, June 9, 2006)]
[Notices]
[Pages 33486-33487]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9009]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-58,540]
Cytech Hardwoods, Inc., Amsterdam, NY; Notice of Negative
Determination on Reconsideration
On March 17, 2006, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the workers
and former workers of the subject firm. The Department's Notice of
determination was published in the Federal Register on March 29, 2006
(71 FR 15766). Workers produce hardwood lumber and hardwood flooring
and are not separately identifiable by product line.
The initial negative determination was issued because the
``contributed importantly'' group eligibility requirement of Section
222 of the Trade Act of 1974, as amended, was not met. The
investigation revealed that the subject firm did not shift production
abroad and neither the subject firm nor any of the major declining
customers increased their imports of hardwood lumber during the
relevant period. The subject firm ceased production in December 2005.
In the request for reconsideration, the company official stated
that the subject firm's customers are ``importing finished goods * * *.
therefore, they no longer purchase domestic lumber to support finished
goods.''
Since the initial investigation did not address the issue of
hardwood flooring imports, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the workers
and former workers of the subject firm.
In order to establish import impact, the Department must consider
imports that are like or directly competitive with those produced at
the subject firm. As such, the Department conducted another survey of
the customers of their purchases of hardwood lumber and hardwood
flooring. The expanded survey revealed no imports of either product
during the relevant period.
Based on the company official's allegation in the request for
reconsideration, the Department investigated whether the workers of the
subject firm are eligible for Trade Adjustment Assistance (TAA) based
on the secondary upstream supplier impact. For certification on the
basis of the workers' firm being an upstream supplier, the subject firm
must have customers that are TAA certified, and these TAA certified
customers must
[[Page 33487]]
represent a significant portion of subject firm's business. In
addition, the subject firm would have to produce a component part of
the product that was the basis for the customers' certification.
A search of the TAA database revealed that, for the relevant
period, none of the subject firm's major declining customers are TAA
certified. As such, the subject worker group is not eligible for TAA
under secondary impact.
In order for the Department to issue a certification of eligibility
to apply for Alternative Trade Adjustment Assistance (ATAA), the worker
group must be certified eligible to apply for TAA. Since the workers
are denied eligibility to apply for TAA, the workers cannot be
certified eligible for ATAA.
Conclusion
After reconsideration, I affirm the original notice of negative
determination of eligibility to apply for worker adjustment assistance
and alternative trade adjustment assistance for workers and former
workers of CyTech Hardwood, Inc., Amsterdam, New York.
Signed at Washington, DC, this 31st day of May 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance Assistance.
[FR Doc. E6-9009 Filed 6-8-06; 8:45 am]
BILLING CODE 4510-30-P
